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Will IMBRA affect third time filer?

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Filed: Timeline

I just sent in my third I-129f one week ago. This is my third petition and I wonder if this new law will affect me? I met this girl 10 years ago (1997) and we met three times total before deciding to do the fiancee visa. Shortly after I filed it, she had a family problem come up that would prevent her from coming to America for an indefinate period of time. I was dissapointed but, life goes on. I went back to Russia again and met another girl. I filed another petition and she came to America, we married and are now divorced after 6 years of marriage. After the divorce, I decided to try to find the first girl and find out what happened to her and her family. As it turns out, her family problem had been resolved and a few years later, she had met an American man, got married, came to America, got divorced and went back to Russia. So now we are both single and we have met twice more and are very happy about starting up the process where we left off ten years ago. My concern is, how will this fly with the I.N.S.? (BCIS, USCIS or whatever they are calling themselves these days) Both of those other petitions were filed before the new law took effect. The last time I filed was 1999. In my eyes, none of this should matter, in fact, since I am filing for the same girl "again" it should go in my favor! I guess that time will tell all.

P.S. Of course, it should be needless to say that do not have a police record and I did not abuse my ex-wife and she is still here in America. So, I am clear as far as, what seems to me, to be the real intent of the law. Also, my lawyer included a waiver letter with the petition explaining all the details.

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Was the first petition approved before you decided to abandon it? They may make a difference or may not I don't know. The USCIS interpretation of this law is a little goofy since they consider a 2nd petition for the same alien should require a waiver. I would say it's good that your lawyer sent a waiver request. There is some good info here in this same forum.

http://www.visajourney.com/forums/index.php?showtopic=53412

All that is necessary for the triumph of evil is that good men do nothing.

DEAN AND SHERYL

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Filed: Other Country: China
Timeline
I just sent in my third I-129f one week ago. This is my third petition and I wonder if this new law will affect me? I met this girl 10 years ago (1997) and we met three times total before deciding to do the fiancee visa. Shortly after I filed it, she had a family problem come up that would prevent her from coming to America for an indefinate period of time. I was dissapointed but, life goes on. I went back to Russia again and met another girl. I filed another petition and she came to America, we married and are now divorced after 6 years of marriage. After the divorce, I decided to try to find the first girl and find out what happened to her and her family. As it turns out, her family problem had been resolved and a few years later, she had met an American man, got married, came to America, got divorced and went back to Russia. So now we are both single and we have met twice more and are very happy about starting up the process where we left off ten years ago. My concern is, how will this fly with the I.N.S.? (BCIS, USCIS or whatever they are calling themselves these days) Both of those other petitions were filed before the new law took effect. The last time I filed was 1999. In my eyes, none of this should matter, in fact, since I am filing for the same girl "again" it should go in my favor! I guess that time will tell all.

P.S. Of course, it should be needless to say that do not have a police record and I did not abuse my ex-wife and she is still here in America. So, I am clear as far as, what seems to me, to be the real intent of the law. Also, my lawyer included a waiver letter with the petition explaining all the details.

If your earlier petition was more than two years ago, IMBRA should have no effect. I take it you filed you last petition more than 6 years ago.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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I just sent in my third I-129f one week ago. This is my third petition and I wonder if this new law will affect me? I met this girl 10 years ago (1997) and we met three times total before deciding to do the fiancee visa. Shortly after I filed it, she had a family problem come up that would prevent her from coming to America for an indefinate period of time. I was dissapointed but, life goes on. I went back to Russia again and met another girl. I filed another petition and she came to America, we married and are now divorced after 6 years of marriage. After the divorce, I decided to try to find the first girl and find out what happened to her and her family. As it turns out, her family problem had been resolved and a few years later, she had met an American man, got married, came to America, got divorced and went back to Russia. So now we are both single and we have met twice more and are very happy about starting up the process where we left off ten years ago. My concern is, how will this fly with the I.N.S.? (BCIS, USCIS or whatever they are calling themselves these days) Both of those other petitions were filed before the new law took effect. The last time I filed was 1999. In my eyes, none of this should matter, in fact, since I am filing for the same girl "again" it should go in my favor! I guess that time will tell all.

P.S. Of course, it should be needless to say that do not have a police record and I did not abuse my ex-wife and she is still here in America. So, I am clear as far as, what seems to me, to be the real intent of the law. Also, my lawyer included a waiver letter with the petition explaining all the details.

If your earlier petition was more than two years ago, IMBRA should have no effect. I take it you filed you last petition more than 6 years ago.

Actually IMBRA also applies to any petitioner who has filed two or more K-1 petitions at any time in the past. This is the OP's third petition so I think it may apply here.

All that is necessary for the triumph of evil is that good men do nothing.

DEAN AND SHERYL

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Filed: Other Country: China
Timeline
I just sent in my third I-129f one week ago. This is my third petition and I wonder if this new law will affect me? I met this girl 10 years ago (1997) and we met three times total before deciding to do the fiancee visa. Shortly after I filed it, she had a family problem come up that would prevent her from coming to America for an indefinate period of time. I was dissapointed but, life goes on. I went back to Russia again and met another girl. I filed another petition and she came to America, we married and are now divorced after 6 years of marriage. After the divorce, I decided to try to find the first girl and find out what happened to her and her family. As it turns out, her family problem had been resolved and a few years later, she had met an American man, got married, came to America, got divorced and went back to Russia. So now we are both single and we have met twice more and are very happy about starting up the process where we left off ten years ago. My concern is, how will this fly with the I.N.S.? (BCIS, USCIS or whatever they are calling themselves these days) Both of those other petitions were filed before the new law took effect. The last time I filed was 1999. In my eyes, none of this should matter, in fact, since I am filing for the same girl "again" it should go in my favor! I guess that time will tell all.

P.S. Of course, it should be needless to say that do not have a police record and I did not abuse my ex-wife and she is still here in America. So, I am clear as far as, what seems to me, to be the real intent of the law. Also, my lawyer included a waiver letter with the petition explaining all the details.

If your earlier petition was more than two years ago, IMBRA should have no effect. I take it you filed you last petition more than 6 years ago.

Actually IMBRA also applies to any petitioner who has filed two or more K-1 petitions at any time in the past. This is the OP's third petition so I think it may apply here.

I guess we'll need to check into just what circumstances trigger the need to file a waiver. I expect one would be easily granted under these circumstances. More at 11. :huh:

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: K-1 Visa Country: Russia
Timeline

I have been following the waver issue very closely and I think you will be fine. Of course it is the government and that means you are dealing with a lot of people who can do things that are not real logical. I am looking forward to seeing how it goes but I think it will be just fine.

12/14/2006 Applied for K-1 with request for Waver for Multiple filings within 2 years.
Waiting - Waiting - Waiting
3/6 Called NVC file sent to Washington for "Administrative Review" Told to call back every few weeks. 7/6 Called NVC, A/R is finished, case on way to Moscow. YAHOO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
7/13 On Friday the 13th we see updated Moscow website with our interview on 9/11 (Hope we are not supersticious) 9/11 Visa Approved. Yahoo.
10/12 Tickets for her to America. I am flying to JFK to meet her there. 12/15/07 We are married. One year and a day after filling original K-1
12/27 Filed for AOS, EAD & AP 1/3 Received all three NOA-1's 1/22 Biometrics 2/27 EAD & AP received 4/12 Interview
5/19/08 RFE for physical that she should not have needed. 5/28 New physical ($ 250.00 wasted) 6/23 Green Card received
4/22/10 Filed for Removal of Contitions. 6/25 10 Year Green Card received Nov, 2014 Citizenship ceremony. Our journey is complete.

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Filed: Timeline

If I remember right, I did get a notice saying that they approved the first petition but, we never followed through with it after that and it expired. Unfortunately, I did not save any of that documentation. I wonder if the USCIS even keeps records of previous filings from nine years ago!

Thanks for all the info and support!

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Filed: K-1 Visa Country: Philippines
Timeline
I just sent in my third I-129f one week ago. This is my third petition and I wonder if this new law will affect me? I met this girl 10 years ago (1997) and we met three times total before deciding to do the fiancee visa. Shortly after I filed it, she had a family problem come up that would prevent her from coming to America for an indefinate period of time. I was dissapointed but, life goes on. I went back to Russia again and met another girl. I filed another petition and she came to America, we married and are now divorced after 6 years of marriage. After the divorce, I decided to try to find the first girl and find out what happened to her and her family. As it turns out, her family problem had been resolved and a few years later, she had met an American man, got married, came to America, got divorced and went back to Russia. So now we are both single and we have met twice more and are very happy about starting up the process where we left off ten years ago. My concern is, how will this fly with the I.N.S.? (BCIS, USCIS or whatever they are calling themselves these days) Both of those other petitions were filed before the new law took effect. The last time I filed was 1999. In my eyes, none of this should matter, in fact, since I am filing for the same girl "again" it should go in my favor! I guess that time will tell all.

P.S. Of course, it should be needless to say that do not have a police record and I did not abuse my ex-wife and she is still here in America. So, I am clear as far as, what seems to me, to be the real intent of the law. Also, my lawyer included a waiver letter with the petition explaining all the details.

Read my post in here labled "IMBRA approved". I dont think your situation is the kind they are looking out for.I just got past the IMBRA with a 3rd K1 petition in about 4 years!!! Now if that isnt cause for hope, I dont know what is. Seems everyone is getting approved though. I think they are only using the IMBRA for what appears to be mal intent filers or those who are abusing the system by bringing the girls over and just sending them back. IN my case, neither of the other 2 girls made it to the USA, so , its not like I am just using and abusing them for 3 months and sending them back. I provided proof they left me and not me leaving them. If your story sounds legit, you should be fine. Im starting to see they are sniffing out the bad guys w/ the IMBRA.

Edited by steve55
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  • 4 months later...
Filed: K-1 Visa Country: Pakistan
Timeline
I can now answer my own question... NO! I just recieved my NOA2 on the 16th!

CONGRATS!!! I read through all of the replies and just saw that you were approved. I'm really glad this all worked out for you. Good luck on the rest of your journey.

Safiya

Imran and Safiya's Visa Journey[/u]

02-10-2005 We met online.

03-14-2007 Traveled to Pakistan to meet my fiance.

03-27-2007 Left Pakistan to return to United States.

07-05-2007 Filed K-1 fiance Visa (mailed via DHL)

07-09-2007 I-129 received at Nebraska Service Center

07-16-2007 NOA1 notice date (would have been sooner, but was forwarded to CSC)

07-18-2007 Touched

08-15-2007 Touched

03-09-2008 Touched

03-14-2008 Touched

05-13-2008 APPROVED (only took 313 days)

05-21-2008 Received at NVC

06-05-2008 Left NVC

06-13-2008 Packet 3.5 received by fiance

07-13-2009 Interview (Islamabad) APPROVED and on AP, was told 1-3 months

08-12-2009 Visa in hand

09-05-2009 Arrived in U.S. (POE JFK)

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